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STATE, DEPT. OF E.P. v. FAIRWEATHER

298 N.J. Super. 421 (1997)

STATE OF NEW JERSEY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, PLAINTIFF-RESPONDENT, v. CLEMENT WILSON FAIRWEATHER, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 11, 1997.

Attorney(s) appearing for the Case

Peter R. Bray argued the cause for appellant (Bray, Chiocca, Rappaport & Rothstadt, attorneys; Mr. Bray, on the brief).

Robert P. Grabowski, Deputy Attorney General argued the cause for respondent (Peter Verniero, Attorney General, attorney; Michael J. Haas, Senior Deputy Attorney General, of counsel, Mr. Grabowski, on the brief).

Before Judges DREIER, D'ANNUNZIO and NEWMAN.

The opinion of the court was delivered by DREIER, P.J.A.D.

Defendant appeals from a condemnation award of $34,000 returned by a condemnation jury. The State initially submitted proof of a fair market value as of 1978 of $21,000; defendant contended the value was $60,000. The State's original appraiser, who had died pending trial, made an updated appraisal showing the value to be $23,000, and the State had deposited first $21,000 and then an additional $2000 after...

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